GARRICK-AUG ASSOCIATES STORE LEASING, INC. v. HIRSCHFELD REALTY CLUB CORPORATION


3 A.D.3d 406 (2004)

770 N.Y.S.2d 618

GARRICK-AUG ASSOCIATES STORE LEASING, INC., Appellant, v. HIRSCHFELD REALTY CLUB CORPORATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 20, 2004.


A fair interpretation of the evidence supports the trial court's findings that the transaction that plaintiff attempted to bring about was abandoned; that the transaction subsequently concluded by defendant landlord with the new tenant was fundamentally different; that plaintiff did not play a significant role in the subsequent transaction and was not a procuring cause thereof; and that plaintiff therefore is not entitled to a commission even though the landlord and new tenant...

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